People Ex Rel. Broderick v. . Morton
New York Court of Appeals
Appeal from a final order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, reversing an order of-the Special Term refusing a writ of mandamus, and granting a peremptory writ against Frank S. Black, Timothy E. Woodruff, James M. E. O’Grady and Frederick P. Easton, commanding them as trustees and superintendent of public buildings to reinstate the relator, Michael Broderick, in his employment as laborer in the Capitol…
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Appeal from a final order of the Appellate Division of the Supreme Court in the third judicial department, entered January 24, 1898, reversing an order of-the Special Term refusing a writ of mandamus, and granting a peremptory writ against Frank S. Black, Timothy E. Woodruff, James M. E. O’Grady and Frederick P. Easton, commanding them as trustees and superintendent of public buildings to reinstate the relator, Michael Broderick, in his employment as laborer in the Capitol building, without prejudice to an action or proceeding to recover damages for his removal. The facts, so far as material,…
1Opinion of the Court
For a number of years the relator had been employed in the Capitol of the state as a laborer, engaged in the running of the senate elevator. On the 2d day of October, 1895, he claims he was discharged. After the expiration of about five months, he procured an alternative writ of mandamus to issue to the then trustees and superintendent of public buildings, requiring his reinstatement as laborer in the Capitol, upon the ground that he was an honorably discharged Union sailor of the war of the rebellion. To the alternative writ an answer was filed on behalf of the defendants, raising an issue,…
2Cases cited20 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- Warner Valley Stock Co. v. SmithSupreme Court of the United States · 1897
- Harpending v. HaightCalifornia Supreme Court · 1870
- People ex rel. Billings v. BissellIllinois Supreme Court · 1857
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3Cited by52 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Matter of DaviesNew York Court of Appeals · 1901
- Wells v. PurcellSupreme Court of Arkansas · 1979
- Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
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